On Thursday
afternoon, ABC agents seized $7,000 worth of homebrewing equipment from the Hop
City Craft Beer and Wine store near Birmingham's Pepper Place, according to Hop
City owner Kraig Torres. Three agents took immersion chillers, carboys, and
other supplies, including literature on brewing.

But David
Peacock, an attorney for the ABC board, said Friday that the seizure started as an inspection, and Hop City had been warned that the
homebrewing equipment was illegal.

"This was
not a raid," Peacock said.

He pointed out
in an interview that the board's action was taken not at predawn, but in
the afternoon. And agents walked through Hop City's doors rather than break
them down. "This was a licensee trying to get a license."

Alabama is one
of only two states in which the act of homebrewing is illegal (the other is
Mississippi), but much of the equipment used in homebrewing - buckets, grain,
cooling devices, yeast - is fairly commonplace. When asked why ABC agents would
take the equipment, Peacock cited a section of Alabama Code, ASS28-4-50, that
appears to prohibit that equipment:

"It shall
be unlawful for any person, firm or corporation in this state to manufacture,
sell, give away or have in possession any still, apparatus, appliance or any
device or substitute therefore to be used for the purpose of manufacturing any
prohibited liquors or beverages."

"They had
items stored that could be used to make alcoholic beverages that are prohibited
in Alabama under (section) 28-4-50 (of the Alabama Code)," Peacock said.

Part of the
problem that brought ABC attention to Hop City was the fact that they are in
the process of getting a liquor license, Peacock said. The presence of every
ingredient needed to make beer in the 5,500 square-foot store was also a
contributing factor.

"You can
have sugar, you can have malt, you have barley, you can have hops, you can have
tubing, copper, and everything else, but if you put it all together in a store
and market it like it's going to be homebrewing stuff and have a book about how
to do it, it's a problem," he said.

According to
Peacock, the agents were more cordial on Thursday than the word
"raid" suggests.

They asked for
the equipment rather than demanded it, he said (Hop City owner Torres said in an
interview Friday that his staff understood the request as a demand), and the
agents used discretion.

"The
agents used their discretion, and instead of taking all of the items -- which
they had the authority to do -- they only took a portion of the items with the
assurance that the rest of the items would be out of the state by today
(Friday)," Peacock said. The agents also showed discretion by choosing not
to arrest the general manager of Hop City, he said.

The dust
between Hop City and ABC was not completely settled on Friday. Peacock said
agents took only one book about brewing, while Torres maintained that the
agents removed a large stock of literature from the store. Peacock also said
representatives from ABC informed Hop City employees that the homebrewing
equipment was not allowed before Thursday's seizures, while Torres said they
only asked questions about the equipment.

Peacock said
the items taken will not be returned, but that has not dissuaded Torres from
opening the store, homebrewing equipment or not. Torres said he removed all
homebrewing equipment from the store and plans to open without the equipment.
Agents visited the store again Friday to verify that the store had no brewing
equipment left, and Torres said he expects to receive a license soon.

"I'm still
disappointed considering how upfront we've been along with what our business
plan is," Torres said. "At the same time I'm confident that cooler
heads will prevail and that we will ultimately be able to do what we intend to
do, which is provide supplies that are needed to do all sorts of things
included manufacture beer at home."

"And
hopefully in 2013, our legislative calendar will have room for homebrewing on
the calendar," Torres said.